Agenda item

To consider the application to vary the Town and Country Planning Act 1990 Section 257 Cheshire East Borough Council (unrecorded Footpath Church Lane, Parish of Wistaston) Public Path Diversion Order 2017.

The Committee considered a report which detailed an application by Mr Clarke of Bloor Homes North West requesting the Council to make a Variation Order to the Town and Country Planning Act 1990 Section 257 Cheshire Borough Council (unrecorded Footpath Church Lane, Parish of Wistaston) Public Path Diversion Order 2017.

In accordance with Section 333(7) of the Town and Country Planning Act 1990 the Borough Council, as Planning Authority, can make a Public Path Variation Order provided the same procedures are carried out under which the Order was originally made.

On 12 June 2017 the Committee had resolved to make a Diversion Order for the previously unrecorded footpath now known as Wistaston Footpath No.17.  The Order was duly made, signed and sealed on 22 June 2017 and confirmed on 24 August 2017. 

Planning permission had now been granted for the approval of details of the appearance, landscaping, layout and scale being matters reserved under approval APP/R0660/W/15/3136524 – planning reference 17/6042N. 

A Variation Order was now requested to reflect the slight changes identified in the practical alignment of Public Footpath No.17 in the 2017 Order, as the development proposals now consented by the reserved matters application had altered slightly from those originally proposed at the outline stage.

The proposed variation of the diverted path was shown by a bold blue dashed line between points M-N-H-I on Plan TCPA/048.  The proposed Variation Order would not significantly change the nature, widths, surface or general orientation of Wistaston Footpath No.17 but would instead alter the practical alignment of several sections of the footpath.  

It was proposed that the existing lines of Points H-N and N-G, as shown on Plan TCPA/048, would be slightly amended to align with what was agreed with in the approved reserved matters planning application.  The existing line of Points I-H would conflict with several small bodies of water that required a minimum 8 metres undeveloped buffer zone, deemed necessary to mitigate the impact of the development upon protected species and the biodiversity of the area.  The proposed Variation would therefore move the alignment of the path between these points approximately 8 metres to the east of its current alignment and the ponds. 

The Committee considered the application and concluded that it was necessary to divert parts of Public Footpath No.17 Wistaston to allow for the approved reserved matters, as detailed in planning application 17/6042N.  It was considered that the legal tests for the making and confirming of a Variation Order under section 333(7) of the Town and Country Planning Act 1990 were satisfied.

The Committee unanimously

RESOLVED:  That

1        A Public Path (Variation) Order be made under section 333(7) of the Town and County Planning Act 1990 to vary the Cheshire East  Borough Council (unrecorded Footpath Church Lane, Parish of Wistaston) Public Path Diversion Order 2017 on the grounds that the Borough Council is satisfied that it is necessary to do so in order to enable development to be carried out.

2        Public Notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3        In the event of objections being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.